At 80% loss rate, Karnataka government’s court battles make a case for review

Mangalore Today News Network

Bengaluru, August 5, 2024: An analysis of cases settled in a year across various courts, including the high court, district courts and other lower courts, indicates that the state government is facing significant challenges in legal battles. According to recent data from the law department, the government lost 80-90 per cent of the cases.

In 2023, the government lost 14,706 cases, with judgments in its favour in only 1,222 cases.

This trend has persisted for many years. In 2021, the government lost 10,698 cases while only 2,687 judgments were in its favour, indicating that the government is losing nearly four cases for every case it wins.

The situation has raised concerns about the efficacy of the public prosecutors appointed by the government. There are allegations that they failed to effectively present cases. However, officials from the Advocate General’s office said the data does not accurately reflect the situation and requires further analysis to determine if there is a lapse in prosecution.

"We cannot infer efficacy from the numbers alone. There are numerous cases where petitioners approach the court against a department that has not responded to their request or application. In such cases, the court often passes a mandamus order directing the government to take necessary steps. This does not mean that the government lost the case," a senior official explained.

Similarly, he noted that bail may be granted to individuals for various reasons, and it is important to consider whether a bail order should be viewed as an order against the government.

"There are many frivolous cases being filed, and the numbers definitely do not reveal the reality. There is a need for a comprehensive analysis," the official added.

Speaking on condition of anonymity, a public prosecutor said that cooperation from various government departments is crucial in arguing a case.

"While I agree that there might be a few black sheep in our profession, many times we fail to deliver because the government departments do not cooperate. If the officials or investigating officers do not provide us with the required evidence or fail to build a strong case for various reasons, it is only obvious that we would lose the case," he said.

He added that there were numerous cases where the respective departments failed to respond to court orders, and many cases fell flat due to the delays.

The data about the government cases was revealed in response to a question raised during the recent Assembly session. Addressing allegations against the efficiency of government-appointed lawyers, Law Minister HK Patil said that deputy commissioners of districts have been tasked with reviewing the performance of public prosecutors every month.